Artay

Artay 2018 Terms, Conditions, and Liability Waiver

(version 20180111)

In consideration of being allowed to participate in and attend the 2018 Artay event (the “Event” or “Artay”), I agree to comply with any and all rules, regulations, terms, and conditions of the Event, including but not limited to the following:

I certify that I am physically able to participate in the Event and in any associated activity or performance, and that I have not been advised otherwise by a qualified medical professional.

I acknowledge and fully understand that as a participant, I will be engaging in activities that involve risk of serious injury, including permanent disability and death, property loss and severe social and economic losses. These risks include, but are not limited to, those caused by: (a) the actions, inactions, or negligence of the organizers of the Event, i.e., Multidi Productions LLC and its officers, directors, employees, agents, representatives, volunteers, contractors, and/or affiliates (collectively, “Multidi”) and/or participants in the Event; (b) conditions of the premises or equipment used; (c) rules and regulations regarding the activities; (d) temperature; (e) weather; (f) condition of participants. I further acknowledge and fully understand that there may also be other risks that are not known or foreseeable at this time. I KNOWINGLY AND VOLUNTARILY ASSUME ALL RISK OF PROPERTY LOSS, PERSONAL INJURY, SERIOUS INJURY, OR DEATH, WHICH MAY OCCUR BY ATTENDING THE 2018 ARTAY EVENT, AND HEREBY FOREVER RELEASE, DISCHARGE, AND HOLD MULTIDI HARMLESS FROM ANY CLAIM ARISING FROM SUCH RISK, EVEN IF ARISING FROM THE NEGLIGENCE OF MULTIDI, OR FROM THIRD PARTIES, AND I ASSUME FULL RESPONSIBILITY AND LIABILITY FOR MY PARTICIPATION.

I understand that during the Event, art installations, events, and performances will be held and/or will be on display, and I understand that most of these activities are not owned or operated by Multidi. I ASSUME ALL RISK OF INJURY OR DEATH ARISING FROM THE OPERATION OF AND/OR MY PARTICIPATION IN ANY OF THESE ACTIVITIES, AND THE LIABILITY RELEASE I AM GRANTING APPLIES TO ANY RELATED INJURY I MIGHT SUSTAIN.

I, on behalf of myself, my heirs, executors, administrators, and assigns, hereby waive, release, discharge, and agree not to sue Multidi and other participants, sponsors, and if applicable, owners and lessors of equipment, art installations, and premises used to conduct the Event or related activities (collectively the “Releasees”), from any and all claims for damages, injuries, losses, liabilities, and expenses that I may have or that may subsequently accrue to me relating to, resulting from, or arising out of my participation in the Event, including in any programs, events, art installations, or activities at the Event, and including any injury or damage to my person or property, or to that of any other person or property. If Multidi files a claim against me, however, I may file a counterclaim related to the same facts and circumstances. I agree to indemnify, defend, and hold the Releasees harmless from and against any and all claims by third parties for damages, injuries, losses, liabilities, and expenses relating to, resulting from, or arising out of my participation in the Event, including in any programs, events, art installations, or activities at the Event. I intend that the waiver and release of liability contained in these Terms and Conditions shall be construed broadly to provide a release and waiver to the maximum extent permissible under applicable law.

By entering the Event, all participants agree to the following terms, conditions, and guidelines for the use of any imagery obtained at the Event, including still photographs and videos (hereinafter “Event Imagery”). Cameras are welcomed at the Event. Multidi monitors dissemination of Event Imagery for two primary reasons: (1) to preserve the Principle of Decommodification by ensuring that photographs and videos from the Event are not used for advertising or commercial purposes; and (2) to protect participants’ right to privacy, freedom of expression, and creative immediacy. Participants may use Event Imagery for “Personal Use,” defined to include: (1) sharing with friends and family; (2) displaying on personal websites (as long as the website does not sell any product or service, and does not purport or appear to be an official website of the Event or Multidi); and (3) displaying on social networking websites, such as Instagram and Facebook (as long as the display of the Event Imagery on these sites is not commercial or promotional in any manner and the social media account is not affiliated with any commercial enterprise).

I UNDERSTAND AND ACCEPT THAT I MAY NOT MAKE ANY USE OF EVENT IMAGERY WITHOUT PRIOR WRITTEN PERMISSION FROM MULTIDI, OTHER THAN PERSONAL USE (as defined above). I understand that I have no right to sell, transfer, license, sublicense, or give my Event Imagery to any other party, except for Personal Use, and I agree to inform anyone to whom I give any Event Imagery that it can only be used for Personal Use.

I assign to Multidi a joint ownership in the copyright to my Event Imagery for the purpose of enabling Multidi to enforce that copyright against any third party that displays or disseminates any of my Event Imagery in a manner not authorized by these Terms and Conditions. I appoint Multidi as my attorney-in-fact to execute any documents necessary to effectuate such assignment. Multidi agrees that it will not utilize this joint copyright to enter into any licensing agreements for the Event Imagery. Since I understand that, in the absence of written permission from Multidi, I have no right to sell, transfer, license, sublicense or give any of my Event Imagery to any other party (except for Personal Use), if a third party obtains and uses any of my Event Imagery (other than for Personal Use) without such written permission from Multidi, I agree that any permission, license, or rights I may have granted this third party is completely void and invalid and that Multidi has the absolute right, as joint copyright owner, to require the third party to cease all use of the Event Imagery.

If I post, or allow to be posted, any Event Imagery on a personal website or a website controlled by a third party, even if permissible as Personal Use, I agree that: (1) I will place, or cause to be placed, on any webpage on which such Event Imagery is displayed a notice that (a) the Event Imagery can be used only for the poster’s personal use and not for any other purpose, and (b) the Event Imagery may be downloaded or copied only in accordance with a Creative Commons license that prohibits the licensee from using the Event Imagery for commercial purposes, including CC BY-NC, CC BY-NC-SA, and CC BY-NC-ND (available at http://creativecommons.org/licenses/); (2) I will not license any Event Imagery that contains any nudity or partial nudity (including any imagery in which bare breasts, bare buttocks, genitals, or genital areas are visible); and (3) if Multidi notifies me that any Event Imagery must be removed, for any reason whatsoever in Multidi’s sole discretion, I will promptly remove or cause to be removed those images. Multidi, as joint copyright holder, reserves all rights to revoke any license that was erroneously placed on Event Imagery in violation of these Terms and Conditions and may cause the removal of such Event Imagery on any webpage on which it is displayed. I understand that use of the Creative Commons’ licenses approved herein does not supersede these Terms and Conditions, nor my responsibility as the photographer or videographer to obtain all necessary permissions from subjects and artists as appropriate. Multidi forbids any non-Personal Use of Event Imagery containing nudity that is presented in a sexual context and/or without the express written permission of the subjects.

Photography & Images

I acknowledge that people are using film, video, and photographic cameras at the Event, and that my image may be captured on film, video, or photographs that may subsequently be displayed or disseminated without my consent or payment of compensation to me, and I release Multidi from any liability due to such capturing, display, or dissemination.

I hereby appoint Multidi as my representative to protect my intellectual property or privacy rights, recognizing that Multidi has no obligation to take any such action. I understand that if Multidi files a lawsuit to protect my intellectual property or privacy rights pursuant to the appointment in this Section 8, and Multidi has information that my specific intellectual property or privacy rights have been violated and also has information as to my identity and my contact information, Multidi will make reasonable efforts to notify me of any such action by sending a communication to the contact information in Multidi's possession.

I understand that some participants at the Event may engage in expressive activity and dress, which may include partial nudity or nudity and other types of expressive activity. I agree that such expressive activity and dress is neither indecent nor offensive to me, and that I have decided to attend the Event with full knowledge that such expressive activity and dress may occur. If I am accompanied by minors at the Event, I acknowledge that I have made a choice that the minors may be exposed to the expressive activities and dress that take place at the Event, and that I have exercised parental responsibility and control in bringing the minors to the Event. Should I find that any activity at the Event is offensive to me, or to any minors accompanying me, I acknowledge that I can avoid such activity by, among other things, leaving the vicinity of the activity or leaving the Event.

I understand that children under 18 years of age may attend the Event only accompanied by a parent or guardian, and if I bring a minor to the Event, I agree to the contractual terms contained in these Terms and Conditions on behalf of the minor.

I consent to have medical treatment that may be deemed advisable in the event of injury, accident, and/or illness during any program, event, or activity at the Event. I release Multidi and all persons participating in any such medical treatment from all responsibility for any such actions.

If I am obtaining registration for, or providing any registration to, any other person(s), I recognize that I am acting as that person’s agent in obtaining the registration, and due to this agency relationship, I agree to these Terms and Conditions on behalf of any person to whom I deliver any of the registrations I obtain, and I shall notify any such person of these Terms and Conditions when I deliver a registration to them. If I have obtained a registration from another person, I also agree to these Terms and Conditions when the registration is delivered to me.

I agree that Multidi is not liable for acts of God, the weather, strikes, protests, or actions taken by government agencies and similar causes. I understand that registrations are nonrefundable even if the Event is terminated early or canceled, or entry conditions are modified, due to harsh weather, acts of nature, governmental regulation, the failure to obtain required governmental permits, or conditions beyond Multidi's control.

I understand that (1) guns, fireworks, rockets, and other explosives are prohibited; (2) handheld lasers of any kind are prohibited, and mounted lasers are subject to restrictions; (3) this is a LEAVE NO TRACE, pack it IN, pack it OUT event.

I understand that commercial vending of any kind, including without limitation the provision of any goods or services delivered to or at the Event for a prepaid fee, is prohibited except as authorized by Multidi and permitted by applicable government authorities.

Registrations are revocable licenses that may be revoked by Multidi for any reason, including without limitation resale for above their face value, plus applicable taxes and Multidi-approved fees (“Face Value”), purchasing more than stated limits, or assisting people with unauthorized or un-registered entry to the Event.

Refund and Cancellation Policy

All sales are final. No refunds or exchanges will be issued for any reason. Fees are non-refundable.

If during a registration sale, I successfully purchase a registration, my credit card will be charged automatically for the price of the registration and any applicable taxes and delivery fees. Once I successfully purchase a registration and my credit card is charged, I cannot cancel or withdraw my order, and as with all registration sales, the sale is final. If my credit card is declined by the credit card company for any reason, the sale to me will not be processed and I will not receive any registration.

Multidi retains the right to cancel, rescind or revoke any registratoin purchases at any time for any reason whatsoever at Multidi’s sole discretion. ARTAY REGISTRATIONS MAY NOT BE SOLD FOR ADDITIONAL MARK-UP BEYOND THEIR FACE VALUE (PLUS APPLICABLE TAXES AND MULTIDI-APPROVED FEES) OR UTILIZED TO PROMOTE OR RAISE FUNDS FOR ANY PROJECT, ENTITY, OR INDIVIDUAL. I understand that if I attempt to sell or sell a Event registration for above Face Value; purchase a registration with the intention of reselling it for above Face Value; offer a ticket or vehicle pass as a reward or prize in any sweepstakes, auction, contest, game, drawing, or fundraising campaign without Multidi’s prior written authorization; Multidi has the absolute right, in its sole discretion, to cancel any such registration without notice. Once cancelled, the registration will be null and void and will not grant the holder any right to enter the Event, and Multidi will not have any liability to refund any of the purchase price to the purchaser or his or her assignee.

These Terms and Conditions shall be governed by and enforced according to the laws of the State of California without regard to any rules relating to conflicts of laws. I understand that any claim or dispute arising out of or in connection with these Terms and Conditions must be brought exclusively in the federal or state courts located in San Francisco, California, and I submit to the personal jurisdiction of such courts for the purpose of litigating all such claims or disputes.

If any provision, or portion thereof, of this Agreement is determined by a court of competent jurisdiction to be invalid, illegal or unenforceable, such determination will not impair or affect the validity, legality, or enforceability of the remaining provisions of this Agreement, and each provision, or portion thereof, is hereby declared to be separate, severable, and distinct.

I understand that these Terms and Conditions may be changed by Multidi prior to the Event, and if so, the revised Terms and Conditions will apply to me. The most current version can be found at https://artay.me/artay2018terms. My use of a registration or other entry credential for entry to the Event signifies my binding agreement to the Terms and Conditions in effect at the time of my entry to the Event.

I ACKNOWLEDGE THAT I HAVE READ AND FULLY UNDERSTAND THESE TERMS AND CONDITIONS, WAIVER AND RELEASE OF LIABILITY, I UNDERSTAND THAT I HAVE GIVEN UP SUBSTANTIAL RIGHTS, AND I DO SO KNOWINGLY AND VOLUNTARILY WITHOUT ANY INDUCEMENT OR DURESS.